Same sex marriage legalization: SC seeks response from center on PILs by gay couples

During the hearing, senior Advocate Mukul Rohatgi highlighted that the matter is pending for the past two years in the Delhi High Court. "This is a matter of public importance and will have a pan-India impact. And yet I am not sure if even the pleadings are completed by the Delhi HC," he said, addressing the CJI.

New Delhi: A Supreme Court bench on Friday issued a notice to the center demanding a response on PILs filed by two gay couples seeking legalization of same-sex marriage under the Special Marriage Act. The bench comprising Chief Justice of India (CJI) DY Chandrachud and Justice Hima Kohli sought a response from the Attorney General for India R Venkataramani, with the notice returnable in 4 weeks.

The hearing was in response to two PILs filed by two gay couples separately. Supriyo Chakraborty and Abhay Dang from Hyderabad have sought in their petition that the right to marry a person of one’s choice under the Special Marriage Act be extended to the LGBTQI+ community as well. The couple has recently declared themselves married after being together for the past 10 years. However, they have not been able to practice the rights of a married couple, they claimed.

Another gay couple Parth Phiroze Mehrotra and Uday Raj have highlighted in their petition that the non-recognition of same-sex marriages violates the right to equality under Article 14 and the right to life under Article 21 of the Indian Constitution.

The first couple of petitioners were represented by senior Advocates Neeraj Kishan Kaul and Menaka Guruswamy and advocates Arundhati Katju, Priya Puri, and Shristi Borthakur in the Supreme Court. Senior Counsel Mukul Rohatgi and Saurabh Kirpal appeared in the second petition.

During the hearing, senior Advocate Mukul Rohatgi highlighted that the matter is pending for the past two years in the Delhi High Court. "This is a matter of public importance and will have a pan-India impact. And yet I am not sure if even the pleadings are completed by the Delhi HC," he said, addressing the CJI.

Calling the matter 'too important to be delayed', Rohatgi further stated that the matter is pending in the Delhi and Kerala High Courts along with some other courts as well. He also brought to the notice of the bench the Puttaswamy case, wherein the SC had held that LGBTQ+ persons enjoy the right to equality, dignity, and privacy guaranteed by the Constitution the same as all other citizens.

"This is a sequel to the Navtej and Puttuswamy case. The impact is on succession. It has a plethora of issues that arise. In our petitions, we have taken care that they do not affect the Hindu Marriage Act; we are considering the Special Marriage Act," Rohatgi said, further adding that this is too important a matter that would affect the entire nation.

"Issue notice returnable in 4 weeks. Liberty to serve the central agency. Notice shall be issued to Attorney General," the Court directed after hearing both arguments.